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Case 1:12-cv-08992-ALC-HBP Document 31 Filed 02/08/13 Page 1 of 2

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USDCSONY
I'DOCUMENT

I! ELECTR.ONICALLY FILED

II I!OC #: ________----...-­
l~~TE FILED: 1'-1- \'J

UNITED STATES DISTRICT COURT
SOUTHERN DlSTRICT OF NEW YORK

FRANCES ERVING and JOHNNIE ERVING,
individuaUyand on behalf of all others similarly
situated,

Plaintiffs,

-against­

Civil Action No, I: lZ·cv-8992-ALC-HBP

STIPULAnON AND 1.---­

ORDER EXTENDING TIME TO

' ANSWER OR OTHERWISE RESPOND

SAXON MORTGAGE SERVICES, INC., et aL '

Defendants.

IT IS HEREBY STIPULATED AND AGREflD, by and between the undersigned

counsel for the Plaintiff'S and Detendants Morgan Stanley, Saxon MOltgage Services, Inc.

("Saxon"), and Dewen Finallcial Corp. ("Oewen"), as follows:

I.

Defendant Saxon, which has not yet been served in this u(..'1:ion, agrees to waive

service of the Summons and Complaint as of February 1,2013, in consideration of Plaintiffs'

agreement that Saxon shaH have until March 4,2013, to answer or otherwise respond to the

Complaint.

2.

Defendants Morgan SUinley (the indirect parent company of Saxon) and Ocwen

shall also have until Mareh 4, 2013, in which to answer or otherwise respond to the Complaint.

3.

Although Det<:mdants Morgan Stanley and Ocwen previously obtained an

extensioll of their time to respond to the Complaint until February 8,2013, this Stipulation aud

Proposed Order does not afiect any other scheduled dates in I:hls action. By Stipulation and

Order dated January 7,2013, the time within which Defendants Assurant, Inc. and American

Security Insurance Company must answer or otherwise rc!;pond to the Complaint is already

.\1'15.)1545] I

Case 1:12-cv-08992-ALC-HBP Document 31 Filed 02/08/13 Page 2 of 2

March 4. 2013. Thus, the effect of this Stipulation and Order will be to coordinate the response

date of all Defendants to the action.

Dated: February 4, 2013

DEAL Y & SILBERSTEfN, LLP

mN(alAM MCCUTCHEN LLP

By:,;/?J;l___,

Milo Silberstt.'in
225 Broadway, Suite 1405
New York, NY 10007
Tel: 212.385.0066
Fax: 212.385.2117

Attorneysjor Plaintiffs

Geams (MG 5940)

'. Stillwell (RS 5271)


399 Park Avenue

New York, NY 1()022~4689

212.705.7000


Attorneys for Defendants Morgan Stanley
and Saxon Mortgage Services. Inc.

DYKEMA GOSSlnT PLLC

By: __ ~~, ,______.

Richard E. Gottlieb (RG 0935)
10 South Wacker Drive, Suite 2300
Chicago, IL 60606
312-876-1700
Attorneys for Dejimdant Ocwen
Financial Corp.

7~
Unit€X1 States District Judge 2..,. \'
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